Bill Summary – FastDemocracy

         
            88R6179 MPF-D
         
		By: Toth
            H.B. No. 4198
         
               A BILL TO BE ENTITLED
            
               AN ACT
            
            relating to conduct constituting the criminal offense of illegal 
         
            voting; increasing a criminal penalty.
         
                   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         
                   SECTION 1.  Sections 64.012(a) and (b), Election Code, are 
         
            amended to read as follows:
         
                   (a)  A person commits an offense if the person knowingly or 
         
            intentionally:
         
                         (1)  votes or attempts to vote in an election in which 
         
            the person knows of a particular circumstance that makes the person 
         
            [is] not eligible to vote;
         
                         (2)  votes or attempts to vote more than once in an 
         
            election;
         
                         (3)  votes or attempts to vote a ballot belonging to 
         
            another person, or by impersonating another person;
         
                         (4)  marks or attempts to mark any portion of another 
         
            person's ballot without the consent of that person, or without 
         
            specific direction from that person how to mark the ballot; or
         
                         (5)  votes or attempts to vote in an election in this 
         
            state after voting in another state in an election in which a 
         
            federal office appears on the ballot and the election day for both 
         
            states is the same day.
         
                   (b)  An offense under this section is a felony of the second 
         
            degree unless the person is convicted of an attempt.  In that case, 
         
            the offense is a state jail felony [Class A misdemeanor].
         
                   SECTION 2.  The changes in law made by this Act apply only to 
         
            an offense committed on or after the effective date of this Act.  An 
         
            offense committed before the effective date of this Act is governed 
         
            by the law in effect when the offense was committed, and the former 
         
            law is continued in effect for that purpose.  For purposes of this 
         
            section, an offense was committed before the effective date of this 
         
            Act if any element of the offense occurred before that date.
         
                   SECTION 3.  This Act takes effect immediately if it receives 
         
            a vote of two-thirds of all the members elected to each house, as 
         
            provided by Section 39, Article III, Texas Constitution.  If this 
         
            Act does not receive the vote necessary for immediate effect, this 
         
            Act takes effect September 1, 2023.
         
Statutes affected: 
Introduced: Election Code 64.012 (Election Code 64)



	A BILL TO BE ENTITLED
	AN ACT
	relating to conduct constituting the criminal offense of illegal
	voting; increasing a criminal penalty.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1. Sections 64.012(a) and (b), Election Code, are
	amended to read as follows:
	(a) A person commits an offense if the person knowingly or
	intentionally:
	(1) votes or attempts to vote in an election in which
	the person knows of a particular circumstance that makes the person
	[is] not eligible to vote;
	(2) votes or attempts to vote more than once in an
	election;
	(3) votes or attempts to vote a ballot belonging to
	another person, or by impersonating another person;
	(4) marks or attempts to mark any portion of another
	person's ballot without the consent of that person, or without
	specific direction from that person how to mark the ballot; or
	(5) votes or attempts to vote in an election in this
	state after voting in another state in an election in which a
	federal office appears on the ballot and the election day for both
	states is the same day.
	(b) An offense under this section is a felony of the second
	degree unless the person is convicted of an attempt. In that case,
	the offense is a state jail felony [~~Class A misdemeanor~~].
	SECTION 2. The changes in law made by this Act apply only to
	an offense committed on or after the effective date of this Act. An
	offense committed before the effective date of this Act is governed
	by the law in effect when the offense was committed, and the former
	law is continued in effect for that purpose. For purposes of this
	section, an offense was committed before the effective date of this
	Act if any element of the offense occurred before that date.
	SECTION 3. This Act takes effect immediately if it receives
	a vote of two-thirds of all the members elected to each house, as
	provided by Section 39, Article III, Texas Constitution. If this
	Act does not receive the vote necessary for immediate effect, this
	Act takes effect September 1, 2023.